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Rationalization of Affidavits
(i) Affidavits.
(ii) Self attestation of original documents.
(iii) Need-Based Services - System of Reports/Verifications by Revenue Officials/
Lambardars/Municipal Commissioners/Sarpanches (for issuance of area/
residence/SC/Income certificates etc.).
(iv) Issuance of Residence/Domicile/Area/Income/Identity Cards/Other Misc. Certificates
(e.g. dependant/marriage status etc.) Designating Appropriate Authorities.
(v) Verification of Character and Antecedents: Central and State Governments.
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in these processes. On the other hand, affidavits have no particular sanctity in law and the
same function can be easily performed by declarations.
4. In Punjab alone, it is estimated that at least half the households file affidavits
annually for one service or the other. Extrapolating this figure to India, the total number
may be more than 20 crore citizens/affidavits and assuming a cost of Rs.400/- per affidavit
(one day wages plus stamps, fees and charges), the total expenses incurred by the citizens in
India could well be to the extent of Rs. 8,000 crores approximately.
5. Affidavits, therefore, need to be replaced by Self-Declarations for all services in the
public utilities/agencies. Affidavit is a declaration, and such, a declaration in itself is
adequate for the purposes of law. Attestation by the officials, thus, does not appear to be
necessary. The applicant/signatory continues to be responsible for the statement made.
One advantage that the public agencies have is that they can also impose penal liability for
making wrong statements in terms of suspension of the services (suspension of ration card
facilities, disconnection of power supply etc.).
This practice of self declaration needs to be adopted in place of affidavits. This will save a lot
of bother and sizeable expenses in the citizen having to procure stamps/stamp paper which
is mostly not available at the place where the affidavit is to be submitted. Some of the
Central Government agencies (passport, income tax etc.) have already adopted this practice.
6. There appears to be no legal problem in adopting this practice. The Indian Penal
Code contains a number of Sections such as 177, 193, 197, 198, 199 and 200. These Sections
specifically deal with the implications of any false information/evidence/disclosure/
declaration made by the deponents and, any such instances have been included to be
subjected to the imposition of penalties, fines, registration of criminal cases and even
imprisonment. These are reproduced in Annexure 1.
7. Present position in Punjab:
The PGRC recommendations for substituting affidavits by self declarations in cases where
only administrative instructions were required to be amended, were accepted by the State
Government. As a result, about 50 services, including 40 administrative services (Income,
Scheduled caste, Residence, Ration card etc.), have been covered under the new process; in
addition, 10-20 services of Utilities (water connection/ meter change etc.) have also been
covered.
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8. As of now, affidavits are required to be filed only in a few matters, such as, asking
for arms licences, sale/purchase of vehicles, getting certificates relating to the births and
deaths, registration of marriages etc.
The benefit of change is obvious if one looks at the figures. During the year 2009-10, out of a
total of 22,68,439 services availed by the citizens at the District Suwidha Centres, as high as
65.60% (14,88,053) were affidavits alone. However, during the period from 1-4-12 to 31-3-
13, while a total number of 32,70,715 services were delivered by the Suwidha Centres, only
9.81%(3,20,963) services pertained to the affidavits. It is, therefore, clearly noticeable that,
consequent upon the issuance of the Government instructions dated 1-4-2010, whereby
non statutory affidavits were no longer required by the citizens, the Suwidha Centres have
been delivering the services within the prescribed timelines and, the actual number of the
services being dispensed at these Suwidha Centres has gone up four times between the two
reference periods indicated above i.e. 2009-10 and 2012-13.
SYSTEM OF AFFIDAVITS FOR NEED-BASED SERVICES
Existing Practice
At present, affidavits of the applicants/guardians are required for the various need-based
certificates residence/domicile/Kandi area/S.C./B.C. etc. In some cases, affidavits are
prescribed under some statutory Rules and Acts. In some cases, Public Notaries are allowed
to attest the same whereas in the case of others, only Executive Magistrates are
empowered.
Decision to be taken by the Government
(a) Self-declaration to be accepted in place of affidavits in all cases where affidavits are
not required as per any statutory provisions. (See Office Order of Government of
Punjab, Annexure-II)
(b) In cases where statutory rules provide for affidavits (e.g. byelaws for the approval of
new construction/water supply connection in Municipal areas), the bye-laws may be
amended.
(c) In cases where affidavits are required under any Act, In-charge of the Suvidha
Centre/officials designated by the Deputy Commissioner, at the district or sub-
division level, may be authorised to attest the same.
(d) The format for self-declaration would provide for the liability of the person making a
wrong declaration on the lines indicated in the Annexure II.
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(e) This decision will cover all affidavits presently required for the issuance of
Residence/Domicile/Kandi area/S.C./B.C./Income Certificates, Ration Cards and for
seeking permission for new sewerage, water and electricity connections.
Action required and the authorities responsible
(1) Deputy Commissioners: To switch to the new system within a month by displaying
and providing revised formats for self-declaration at all Suvidha Centres/Service
Providers. The system of affixing photograph of the applicant may, however, be
continued for self- declaration.
Secretaries of Departments
(2) All Secretaries, especially those dealing with education, health, technical education,
social security, irrigation and power departments etc., where affidavits are required
for establishing the eligibility for admission/employment, shall ensure that all
institutions/agencies change over knew the existing system of filing affidavits and
provide for the new system.
(3) All departments should display to the public the list of affidavits which have since
been substituted by self-declaration and another list of subjects/areas where
affidavit system is proposed to be continued due to some statutory/other
compulsions.
Action by Central Government
(i) At present, the affidavits have to be filed by the parties in cases and petitions etc. in
the Courts under CPC/CrPC/High Court Rules and Orders. The parties incur
substantial costs in terms of money as well as time in having to file affidavits at
almost every stage of the case. The appropriate laws CPC/CrPC/Evidence Act/High
Court Rules and Orders would need to be amended to permit self declarations to
be accepted as evidence. Attestation by the witnesses who are not public
authorities, can be provided in place of Notaries wherever considered necessary.
(ii) Births and Deaths Registration Act requires affidavits in case of the applications
filed after one year of the event.
(iii) Central Ministries may be requiring affidavits for different services, welfare
programmes and social security schemes
The Central Government take initiate appropriate action to amend the relevant laws/rules
to accept Self Declarations as evidence in place of affidavits.
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II. SELF-ATTESTATION OF ORIGINAL DOCUMENTS
Present position: These documents are required to be attested by Notary/Executive
Magistrate, and that itself leads to unnecessary delay. In most of the cases, copies are
required only for checking the eligibility (e.g. for admission in educational institutions)
where, in any case, the original documents are checked again finally for the shortlisted
candidates.
In cases where attestation is considered necessary, In-charge of Suvidha Centre needs to be
authorized to attest affidavits instead of having to send them to the Executive Magistrate,
thus, making the single window also a one-stop window.
There are cases where supporting affidavits of third parties (Sarpanch, Lambardar etc) are
required as evidence before issue of certificates e.g. income certificates. In these cases
also, declarations should be accepted in place of affidavits. It has also been proposed that
the citizen declarations should be adequate for the third party verification. In these cases,
one problem is establishing the identity of the third party. This can be established by Aadhar
Card. This will reduce the number of bogus attestations as the beneficiary-applicant will
anyhow remain liable. The present practice and the proposed process is indicated below:-
Services Present Proposed
Affidavit Affidavit is required to be Allow self-declaration by the
attested by Executive applicant.
Magistrate. In cases where attestation is
considered to be necessary,
Suvidha Centres to be authorized
to attest the same.
Contents of No warning or caution for The signatory is liable for action
the affidavit filing wrong declaration. under sections 199 and 200 of IPC
in case of wrong declaration.
It adds to transaction Self-declaration will be a part of
Court costs/delay, without any the application form.
fee/stamp compensating revenue
considerations.
Photograph Not required except in The practice of having a
Suvidha Centres. photograph of the applicant can be
continued in the Suvidha Centres,
even under the revised procedure
of self-declaration for purpose of
freezing the identity of the
applicant.
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From Attestation of the Affidavit to Self-Declaration
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of personal knowledge, and the endorsement by the publicmen is generally a ritual without
much relevance to the correctness of the stated facts.
Verification by Government Officials: Rural areas
The verification by the government officials, for instance, Patwari and Kanungos, who are
concerned with land matters, do not have the custody of information regarding the
residence. The practice of verification by them, therefore, in any case, needs to be
discontinued. There is noi logic in making the process more onerous for the rural areas, just
because the revenue officials happen to be available there.
It appears more appropriate to
(i). Ensure proper identification of the applicant,
(ii). Allow any two citizens (including government officials) in place of or in addition to
the public officials to provide supporting declarations.
(iii). Ensure proper identification (e.g. EPIC, Ration Card with photo, Aadhar Card, etc.) of
the supporting citizens; and
(iv). Provide for liability for action in case of wrong declarations.
SOME INDICATORS FOR PROCEDURAL CHANGE
Period of Stay Required for Residence Proof
It is understood that the government requires proof of residence for 5 years (in the case of
Punjab). This is unreasonable if we take note of the labour mobility. The proof of residence
should be the same as for elections- a person is only required to be ordinarily resident. In
any case, certificates can be issued on the basis of two year stay at the address given, as is
the practice for issue of passports.
Lack of uniformity
Different institutions have prescribed different criteria for residence/ area certificates. Some
even require certificates of residence by birth; others need, at least, five years proof of
residence and so forth. At least, within a particular State, all the institutions should follow a
uniform pattern -- residence proof based on two year stay.
Discretion of the Officers
The systems and processes are routine and non-discretionary. There may, however, be
cases where some documents are not available or are inadequate due to unavoidable
reasons (e.g. recent shifting of family). In such cases, the applicant may be allowed to lead
supportive evidence/witnesses by the competent authority and the case with
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recommendations referred to the next higher authority for decision. Instructions should
provide for scope for discretion at the defined levels superior to the deciding authority.
Risk Factors
Wrong issuance of certificates due to the acceptance of bogus documents etc., is unlikely as
the applicant continues to be responsible for wrong information. Self-attestation also means
self-incrimination. Self-attestation and verification are allowed for Passport and Income Tax
matters and there should be no problem in allowing it for these services. The risks can be
minimized by displaying the list of certificates already granted. Sheer competitive pressure
will lead to reduced risk of misuse, once the list of persons already issued the various
certificates is displayed on the website.
Processing of Applications
Processing of applications which is an internal matter of the public agency can be as per the
practice or as per the instructions issued in regard to the functioning of the Suvidha Centres.
The present practice/instructions and the proposed changes required are indicated below.
S.No Services Present Proposed
.
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Executive liable for action under sections
Magistrate. 199/200 of the IPC in case of wrong
declaration/information).
Ration Card
Voter Card
School Certificate
(Only required for rural
area certificate)
Attestation by
b)Attestation of notary or Executive Permit self-attestation
Originals Magistrate
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of SDM. Sub-tehsils
should also
entertain
applications and
issue these
certificates.
Citizen Charters Varies/ not Citizen Charters must be in local
available. language
Contents of the Charter.
(a) The system of verification and field reports for issuance of various certificates is
discontinued. Supporting declaration by 2 citizens (holding Aadhar Card) (including
government officials/elected officials) would be considered sufficient.
(b) Proper identification of supporting witness is to be ensured (EPIC, Ration Card,
Aadhar Card, etc.).
(c) As in the case of self-declaration by the applicant, the supporting declaration should
provide for liability for action under section 199/200 IPC in case of wrong
declaration; photographs of the supporting witnesses need to be affixed, as in case
of self-declaration.
(d) This system should be adopted for the issuance of area/residence/domicile/
income/S.C./B.C. certificates, for old age pension applications and for other services
of a similar nature.
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IV. ISSUANCE OF RESIDENCE/DOMICILE/AREA/INCOME/IDENTITY CARDS/OTHER MISC.
CERTIFICATES (E.G. DEPENDANT/MARRIAGE STATUS ETC.) DESIGNATING APPROPRIATE
AUTHORITIES
Present Position: Even where applications are filed with the Suvidha Centre, these are
referred to other authorities (e.g. Tehsildar/SDM/District Registrar of Births etc.) for formal
issue of the certificates.
Decision to be taken by the State Government
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Annexure 1
Section 177. Furnishing false information
Whoever, being legally bound to furnish information on any subject to any public servant, as
such, furnishes, as true, information on the subject which he knows or has reason to believe
to be false, shall be punished with simple imprisonment for a term which may extend to six
months, or with fine which may extend to one thousand rupees, or with both;
Or, if the information which he is legally bound to give respects the commission of an
offence, or is required for the purpose of preventing the commission of an offence, or in
order to the apprehension of an offender, with imprisonment of either description for a
term which may extend to two years, or with fine, or with both.
Section 193. Punishment for false evidence
Whoever intentionally gives false evidence in any stage of a judicial proceeding, or
fabricates false evidence for the purpose of being used in any stage of a judicial proceeding,
shall be punished with imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine;
and whoever intentionally gives or fabricates false evidence in any other case, shall be
punished with imprisonment of either description for a term which may extend to three
years, and shall also be liable to fine.
Section 197. Issuing or signing false certificate
Whoever issues or signs any certificate required by law to be given or signed, or relating to
any fact of which such certificate is by law admissible in evidence, knowing or believing that
such certificate is false in any material point, shall be punished in the same manner as if he
gave false evidence.
Section 198. Using as true a certificate known to be false
Whoever corruptly uses or attempts to use any such certificate as a true certificate, knowing
the same to be false in any material point, shall be punished in the same manner as if he
gave false evidence.
Section 199. False statement made in declaration which is by law receivable as evidence
Whoever, in any declaration made or subscribed by him, which declaration any Court of
Justice, or any public servant or other person, is bound or authorized by law to receive as
evidence of any fact, makes any statement which is false, and which he either knows or
believes to be false or does not believe to be true, touching any point material to the object
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for which the declaration is made or used, shall be punished in the same manner as if he
gave false evidence.
Section 200. Using as true such declaration knowing it to be false
Whoever corruptly uses or attempts to use as true any such declaration, knowing the same
to be false in any material point, shall be punished in the same manner as if he gave false
evidence.
Explanation A declaration which is inadmissible merely upon the ground of some
informality, is a declaration within the meaning of sections 199 to 200.
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Annexure-II
GOVERNMENT OF PUNJAB
DEPARTMENT OF PERSONNEL
(TRAINING BRANCH)
To
1.2 The view of the Government is that by asking for affidavits, the citizens are
put to unnecessary harassment and as such, attestation should be replaced by self-
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declaration in majority of the cases because there is a provision for stern action
under the law for making wrong declaration. Therefore, it has been decided that no
Government Department or organization will ask for affidavits from the applicants
except in those cases where affidavits are required under law. In place of having
affidavits, self-declaration has been accepted and this system will be implemented
with effect from Ist April, 2010 onwards. It will be ensured by the Deputy
Commissioners of the State that the self-declaration forms will be available at all the
Suwidha Kendras to the citizens. Though, the self-declaration will carry a photo of
the applicant.
1.4 All the Departments will submit a list of affidavits which have been replaced
by self-declaration to the P.G.R. Cell of Department of Personnel and another list of
the subjects where affidavits are required to continue due to legal formalities or on
account of any other reasons. This list should be submitted by 30th April, 2010.
2. Attestation of Documents:
2.2 The Government has decided that the applicants while submitting documents
for admission in educational institutions and for seeking employment will be
permitted to submit self-attestation with effect from Ist April, 2010 onwards.
2.3 For admission to educational institutions and for providing employment, the
concerned agencies should accept the self-attested copies from the applicants and
the original certificates should be called only from finally selected candidates
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3.2 Chairmen of the Punjab Public Service Commission and Subordinate Services
Selection Board are requested to ensure the implementation of the decision while
making recruitments. The recruitments which are not covered by the above two
authorities, the Administrative Secretaries and Heads of Departments concerned are
required to take appropriate steps in the Departmental Selection Committees.
3.3 The Deputy Commissioners of the State are required to ensure that the
decision will be disseminated through the District Suwidha Centres by publicizing the
same widely and prominently. While doing so, due attention may also be drawn to
the relevant provisions of The Indian Penal Code for willfully filing wrong declaration
(Annexure-1).
3.4 Self-declaration format will also be properly included in the applications for
employment being provided by various organizations under the control of the State
Government.(Annexure -2).
S. C. Agrawal.
Chief Secretary, Government of Punjab.
Copy is forwarded to Shri Satish Chandra, IAS, Principal Secretary, Health &
Family Welfare, Planning and ex-officio Member Secretary, Punjab Governance
Reforms Commission & Chairman, Core Implementation Committee for information
and necessary action.
Sd/-
Under Secretary
Personnel
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A) Self-declaration for getting services from Government Departments/Local
Bodies/Autonomous Institutions under the State Government.
The written declaration as given hereunder will be included at the end of the
application form for seeking the services:
I_________________________________Son/Daughter of Sh.
____________________
Age__________________ Year______________resident of _____________________
District_________________Punjab, hereby declare that the information given above
and in the enclosed documents is true to the best of my knowledge and belief and
nothing has been concealed therein. I am well aware of the fact that if the
information given by me is proved false/not true, I will have to face the punishment
as per the law. Also, all the benefits availed by me shall be summarily withdrawn.
The written declaration as given hereunder will be included at the end of the
application form for getting admission:
I_________________________________Son/Daughter of Sh.
____________________
Age__________________ Year______________resident of _____________________
District_________________Punjab, hereby declare that the information given above
and in the enclosed documents is true to the best of my knowledge and belief and
nothing has been concealed therein. I am well aware of the fact that if the
information given by me is proved false/not true, I will have to face the punishment
as per the law. Also, all the benefits availed by me shall be summarily withdrawn.
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C) Self-declaration for getting employment in Local Bodies/Autonomous Bodies
under the State Government:
The written declaration as given hereunder will be included at the end of the
application form for getting employment:
I_________________________________Son/Daughter of Sh.
____________________
Age__________________ Year______________resident of _____________________
District_________________Punjab, hereby declare that the information given above
and in the enclosed documents is true to the best of my knowledge and belief and
nothing has been concealed therein. I am well aware of the fact that if the
information given by me is proved false/not true, I will have to face the punishment
as per the law. Also, all the benefits availed by me shall be summarily withdrawn.
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